Former special counsel Jack Smith has defended his 2023 decision to subpoena the phone records of several Republican lawmakers, calling the investigative action ‘entirely proper’ and consistent with Justice Department policy. Smith’s attorneys argue that the data, known as toll records, were specifically targeted to support his investigation into alleged subversion of the 2020 election by former President Donald Trump. The targeted senators included Marsha Blackburn, Josh Hawley, and Lindsey Graham.
The controversy has drawn attention from Senate Judiciary Committee Chairman Chuck Grassley, who has criticized the move as politically motivated, stating that he would continue an unbiased probe into the Arctic Frost investigation, which led to Smith’s election-related prosecution of Trump. Grassley claimed the investigation was initiated by an anti-Trump FBI agent who violated FBI rules and primarily targeted Republicans, suggesting political bias.
Toll records, which track the timing and recipients of calls, do not include the content of conversations, but Smith’s team emphasized that the data collection was narrowly focused, covering only the period around the January 6 riots at the U.S. Capitol. Despite the claim, Republicans have widely accused the DOJ of inappropriate surveillance, comparing the situation to the Watergate scandal.
Smith’s lawyers also addressed accusations by FBI Director Kash Patel that they attempted to conceal the subpoenas. They pointed out that the former special counsel mentioned the subpoena of senators’ records in a footnote of his final report and that the precise records were provided to Trump’s personal lawyers, some of whom now hold senior positions in the Department of Justice.
Additionally, the controversy mirrors earlier investigations, such as the Trump administration’s subpoena of phone records of Rep. Eric Swalwell and Rep. Adam Schiff, along with congressional staffers, during a leak probe. Former DOJ inspector general Michael Horowitz also issued a warning about the potential chilling effect on congressional oversight if such records are subpoenaed without clear justification.
Despite these claims, Smith remains resolute, asserting that public officials should not be exempt from scrutiny, and that the action was necessary to support his investigation into Trump’s alleged election subversion. The situation has now become the focal point of broader debates over the use of subpoenas in political investigations and the balance between accountability and potential overreach.